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APPLICATION PROJECT NAME: Seaview Park Club LOCATION: 1620 N. Federal Hwy PCN: 08-43-45-22-00-002-0020 I FILE NO.: SPTE 06-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Lennar Homes Andy MacGregor- Lennar Homes ADDRESS: ADDRESS: 1015 N. State Road 7 Suite C Royal Palm Beach, FL 33411 FAX: FAX: 561-753-5533 PHONE: - PHONE: 561-333-4700 www.lennar.com SUBMITTAL / RESUBMITTAL 2/1/06 1ST REVIEW COMMENTS DUE: PUBLIC /IP ARC NOTICE: 3/4/06 TART MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): LEGAL AD: PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 3/14/06 AGENCY BOARD CITY COMMISSION MEETING: 4/1/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE\2006 PROJECT TRACKING INFO,doc LENNAR Quality. Value. IIItegrrty. February 3, 2006 Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach Development Department Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 ~r:-R I . Ln. .., Re: Seaview Park Club - Request for Extension of Site Plan Approval Dear Mike, As you are aware, site plan approval for the above project was granted by the City Commission on February 15, 2005. Lennar Homes, Inc. has been diligently working to secure all necessary governmental approvals to allow construction of this community to begin as soon as possible. Despite our best efforts, however, it appears that we will not have secured a building permit from the City of Boynton Beach prior to the expiration of our site plan approval. We are therefore requesting an extension to our current site plan approval for a period of one year to allow us to complete our current engineering review process with the City of Boynton Beach and to secure building permits for this project. In support of this request for extension of site plan approval, we would ask that you consider the following accomplishments which we feel demonstrates our firm commitment to the successful development of Seaview Park: · Minor modification to site plan, accommodating certain changes requested by City of Boynton Beach approved on April 25, 2005. · Capacity Reservation Fees in the amount of $5,821.20 paid in full to City of Boynton Beach · Environment Resource Permit (ERP) issued by South Florida Water Management District on January 11, 2006 · FDOT Driveway Permit renewed on August 17, 2005 · Bid process for demolition contractor complete and contractor selected. · Payment in the amount of $10,191.00 made to Florida Power & Light for removal of existing overhead electric poles located on the Seaview Park property. FP&L are scheduled to commence this work week beginning February 6, 2006. · Preliminary Plat submitted to City Engineer and comments received. Resubmittal scheduled for February 7, 2006 · Paving, Grading and Drainage drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7,2006 @- 1015 N. State Rd. 7. Suite C. Royal Palm Beach, FL 33411 · Telephone: 561-333-4700. Fax: 561-753-5533. www.lennar.com '~N= February 3, 2006 Michael W. Rumpf Re: Seaview Park Club - Request for Extension of Site Plan Approval Page 2 · Water and Sewer drawings submitted to City Engineer and Comments received. Resubmittal scheduled for February 7, 2006. Documentation supporting all of the above milestones has been attached to this letter In parallel with our development work, the owner's of Seaview Park issued eviction notices to all residents of Seaview in May 2005. As you know, during the eviction notice period, several of the park residents filed a complaint for declaratory and injunctive relief against both the City of Boynton Beach and the Owner's of Seaview Park Club. Despite the uncertainty regarding the potential outcome of this litigation, Lennar Homes, Inc. continued its efforts to secure governmental approvals. Thankfully this complaint was voluntarily dismissed on November 14, 2005 as a result of a settlement agreement between the Owners and the park residents. In order to avoid any potential delay to the project, we would respectfully ask that this request for extension of site plan approval be submitted for inclusion on the CRA agenda for March 14, 2006 and on the subsequent City Commission agenda for March 21, 2006. Lennar Homes, Inc. will of course mail the required notices to neighboring property owners and post required signage in advance of the above meetings. Should you require any additional documentation or deem it necessary to have representation from our office at any meetings prior to the above hearings please do not hesitate to contact me at (561) 228-5314. Your early response in this matter would be greatly appreciated. Thank you once again for your continued support. Sincerely, Andy MacGr r Portfolio Manager The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org April 25, 2005 Mr. Jason S Mankoff Weiner & Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33425 Re: Seaview Park Club MMSP 05-023 Dear Mr. Mankoff: In response to your request dated April 11, 2005 for the administrative review and approval of the modifications proposed to the above-referenced approved site plan, depicting the following: · Modification of the four (4) buildings from condominium units to townhouse units, all three (3) stories and 38 feet in height, with change of facades and color scheme (as depicted on the attached plan) . · Reduction in the number of dwelling units from 69 to 64, a decrease in density from 18.4 to 17 units/acre (as depicted on the attached plan) . · Reduction in previously approved buildable square footage from 158,961 to 154,529 (as depicted on the attached plan). · Modification to required parking (reduction due to elimination of 5 units - 143 to 133) and provided, from 175 to 265 (as depicted on the attached plan) . · Provision of a tot lot between Buildings 1 & 2 (as depicted on the attached plan) . · Elimination of gym facilities in the common areas of each building and provision of one air-conditioned gym at the cabana building by the pool (as depicted on the attached plan) · Reduction in the roadway width between Building 2 & 3 from 20 feet to 12 feet for a one-way pattern (as depicted on the attached plan) . · Elimination of the non air-conditioned patio rooms in the common areas of each building and provision of a barbecue and recreation area between Buildings 3 & 4 (as depicted on the attached plan) . ;. . Page 2 April 25, 2005 . Revision to landscape plan, as approved at the Commission meeting (as depicted on the attached plan) . . Inclusion of photometries plan for pool area, including proposed lighting fixtures and levels (as depicted on the attached plan) . Please be informed that the proposed changes on the revised date stamped 4/11/05 are "minor" as defined within the Development Regulations, Chapter 4 Si te Plan Review. project may continue to be processed by the Building Division permit application, subject to the following conditions: plan Land This as a 1. Correction to Sheet SP-2, which depicts a one-hour fire separation between units, to reflect two-hour rated walls, per 2001 Florida Building Code, Section 704.4. 2. Changes or revisions to these plans may generate comments. Acceptance of these plans during the modification process does not ensure that additional not be generated at permit review. 3. All Conditions of Approval remain in effect and shall be addressed during the permitting process. additional site plan comments may Be advised that the proposed changes may require a modification to the building permit. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, Ed Breese, Principal Planner Cc: Karen Main, Plan Review Analyst Laurinda Logan, Senior Engineer Kevin Hallahan, City Forester Tim Large, Building Codes Administrator 042003 Address Number . Parent Number. . Document Number. ,S,upp,l,i,e,r, ,L,e,d,g,e,r, ,I,n,qu,i,ry, , , , , , , , , , ,,4,0,4,4,3,5,1, CITY 01 )YNTON BEACH 800000 t I I I I I It' , , , I , , , , It' I I Date From. I' " 1""'" " " I' " 1'1' " I' " I' I' " " " I' " " I' 1""'1"'1' " " " I' " " 1'" " " 1"'" " " I' " I' " " " " 1'" " I' " " .' I' " " I' " " " I' .' I' " I' " " t' 1'1' .' " , , 04 14 W , , , , , , :V:o,u,c,h,e,r, ~~i,t,t,a,n,c,e, , , , , , , Doc/Type/Company . . ,1,7,8,0,5,9,0,5, ,Py, ,0,8,0,2,2, Pay Item . . . . . ,0,0,1, o DT Payment PK 1618636 - Remittance Amount Supplier Bank Acct 5,627.16- 454 Payment Date 11/21/05 P C o ,:, , ,-. , , , , ,Op,t,:, ,1,=,P,a~e,n,t, ~e,v,i,e,w, , , , , , , , , , , , , , , , , ,F,2,4,=;M;o,r,e, , , , , , , , , , , , , , , , , , , , . . ,',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',-,-,',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',',' ,Op,t,:, ,1,=:V:o,u,e,h, , ,2,=,~, , ,3,=,~t,s, , ,5,=p,e,t,a,i,1, , , , ,F,1,0,=,~t, ,L,e,d,g,e,r, , ,F,2,1,=,P,r,i,n,t, , ,F,2,4,=;M;o,r,e, ..Logan. Laurinda" <LoganL@ci.boynton-beach.f I.us> 01/26/200611 :53 AM To "'Lorie,Moccia@lennar,com '" <Lorie.Moccia@lennar.com> cc "Mazzella, Pete" <MazzellaP@ci.boynton-beach.fl.us>, "'Andy.MacGregor@Lennar.com ... <Andy. MacGregor@lennar.com> bcc Subject RE: Seaview Park Club Water Reservation Thank you for your rapid response on this matter. What a pleasure to get an answer practically before the question is asked! We have updated our reservation fee spreadsheet and it will be returned to y'all via the engineer-of-record (EOR) with the marked up 1st review utlity plans. Those plans will be available to the EOR to pick up today. Laurinda Logan Sr. Engineer Public Works/Engineering Division 561-742-6982 561-742-6285 (fax) LoganL@ci.boynton-beach.fl.us -----Original Message----- From: Lorie.Moccia@lennar.com To: loganl@ci.boynton-beach.fl.us Cc: mazzellap@ci.boynton-beach.fl.uSi Andy.MacGregor@Lennar.com Sent: 1/25/2006 1:29 PM Subject: Fw: Seaview Park Club Water Reservation Laurinda: Thank you for contacting Andy MacGregor for clarification on the reservation fees. Please see the email below from Pete confirming receipt of the check for $5,627.16, for the four 2" meters servicing the buildings and one 3/4" meter at the pool. I also have attached a .tif file of the check for the additional 3/4" meter by the cabana/pool which was hand delivered about 2 weeks after the original check was sent. It was incorrectly referenced previously as the irrigation meter however upon further review we realized it was the pool/cabana meter and the irrigation meter had been left off the engineering plans. We have since added the 1" irrigation meter to the drawings and it is now located at the main entrance to the project behind the entrance wall. You will receive the updated drawings with the rest of the responses to your comments and I have already requested a check in the amount of $ 790.02 to reserve the water for the 1" irrigation meter. We expect that this will be one of your comments and would like to reassure you that we are taking immediate action to get everything corrected. I will personally drop off the reservation fee check as soon as I receive it from my accounting dept. So to recap here is the status of meters and reservation fees paid and new which should be all the meters in the community: 4 - 2" meters at buildings (reservation fee paid to City of Boynton Beach) 2 - 3/4" meter at pool/cabana (reservation fee paid to City of Boynton Beach) 1 - 1" meter for irrigation at community entrance (new, check in process) If you have any other questions please feel free to contact Andy or myself. Thank you, Lorie Moccia Asset Manager Lennar Homes South Florida Land Division 1015 N. State Road 7, Suite C Royal Palm Beach, Florida 33411 561.333.4700 ext,. 276 (Office) 954.646.5435 (Cell) 561.753.5533 (Fax) Lorie.Moccia@Lennar.com Forwarded by Lorie Moccia/PALMBEACH/EAST/Lennar on 01/25/2006 11: 24 AM u___ "Mazzella, Pete" <MazzellaP@ci.boynton-beach.fl.us> 12/02/2005 04:53 PM To Lorie.Moccia@lennar.com cc Subject RE: Seaview Park Club Water Reservation Laurie I've checked your numbers and they are correct. Thanks for the check received to date, and I'll expect the other one next week. I've already entered your project in our system as "capacity reserved". Peter Mazzella Deputy Director of Utilities City of Boynton Beach 561-742-6404 -----Original Message----- From: Lorie.Moccia@lennar.com [mailto:Lorie.Moccia@lennar.com] Sent: Friday, December 02, 2005 4:52 PM To: mazzellap@ci.boynton-beach.fl.us Subject: Seaview Park Club Water Reservation Mr. Mazzella: It was a pleasure speaking with you this afternoon. Would you be so kind to reply to this email confirming you have received the check for water reservation for the Seaview Park Club in the amount of $5,627.16 per our conversation. The check was to reserve water for 1 - 3/4" meter at the clubhouse and 4 - 2" meters at the buildings. I will also drop off a check early next week for one 3/4" irrigation meter. Thanks, Lorie Moccia Asset Manager Lennar Homes South Florida Land Division 1015 N. State Road 7, Suite C Royal Palm Beach, Florida 33411 954.646.5435 561.209.7515 Lorie.Moccia@Lennar.com <<Seaview Park Club Irrigation Check.tif>> "8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 50-07213-P DATE ISSUED: January 11, 2006 Form #0941 08/95 PERMITTEE: WAYNE IRVING C/O KALEEL & ASSOCIATES 555 N CONGRESS AVE STE 301 BOYNTON BEACH, FL 33426 CHARLENE DARST C/O KALEEL & ASSOCIATES 555 N CONGRESS AVE STE 301 BOYNTON BEACH, FL 33426 CARMEN HUBERT IRVING C/O KALEEL & ASSOCIATES 555 N CONGRESS AVE STE 301 BOYNTON BEACH, FL 33426 GAIL ANN IRVING C/O KALEEL & ASSOCIATES 555 N CONGRESS AVE STE 301 BOYNTON BEACH, FL 33426 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 3.76 acre residential development known as Seaview Park Club. PROJECT LOCATION: PALM BEACH COUNTY, SEC 22 TWP 45S RGE 43E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 050801-6, dated August 1, 2005, This action is taken pursuant to Rule 40E-1,603 and Chapter 40E-40 , Florida Administrative Code (FAC,). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2, the attached 19 General Conditions (See Pages: 2 - 4 of 6), 3, the attached 17 Special Conditions (See Pages: 5 - 6 of 6) and 4. the attached 2.5 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights. which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the .Notice of Rights," we will assume that you concur with the District's action. nth . Wat irector - Surfac ater Management Palm Beach Service Center Certified mail number 70023150000081267837 CERTIFICATE OF SERVICE that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the list) no later than 5:00 p.m. on this 11 th day of January, 2006, in accordance with Section Page 1 of 6 '\ Application No. 050801-6 Page 2 of 6 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, FAC. unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 40E-1.659, F.A.C. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and , ., Application No, 050801.6 Page 3 of 6 GENERAL CONDITIONS maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, FAC.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of '\ Application No. 050801.6 Page 4 of 6 GENERAL CONDITIONS ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. , Application No. 050801-6 Page 5 of 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on January 11, 2011. 2. Operation of the surface water management system shall be the responsibility of SEA VIEW PARK CLUB COMMUNITY ASSOCIATION, INC.. Within one year of permit issuance or concurrent with the engineering certification of construction completion, whichever comes first, the permittee shall submit a copy of the recorded deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association. 3. Discharge Facilities: 1-3.5' WIDE SHARP CRESTED weir with crest at elev. 5.75' NGVD. Receiving body: Intracoastal Control elev : 3.5 feet NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 8. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 11. Minimum building floor elevation: BASIN: Site - 9.33 feet NGVD. 12. Minimum road crown elevation: Basin: Site - 7.65 feet NGVD. 13. All contractors must be provided with a copy of the staff report and permit conditions prior to the commencement of construction. The permittee is responsible for ensuring that all contractors adhere to the project construction details and methods indicated on the attached permit Exhibits and described herein. 14. Any docking facility proposed in the future shall require approval by the District through a modification of this Environmental Resource Permit. The permittee is hereby notified that issuance of this permit for the upland development does not imply or guarantee any futural approval of new docking facilities at the site. The permittee is also advised to notify potential unit owners that purchase of a unit does not guarantee that any new onsite docking facilities will be available in the future. Application No. 050801-6 Page 6 of 6 SPECIAL CONDITIONS 15. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, submerged resources (such as seagrasses) or other surface waters have occurred due to project related activities. 16. All work associated with the project, including construction of the retaining wall and installation of riprap shall be accomplished by accessing the work areas from the existing uplands at the site. No barge access is authorized by this permit. 17. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exist from essential habitat. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four- foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888- 404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 81/2" by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404- FWCC. The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for north Florida or in Vero Beach (1-561-562-3909) for south Florida. ENVIRONME~ ~ESOURCE PERMITS 'TER 40E-4 (12/04} 40E-4,321 Duration of Permits. (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E-40, FAC., is as follows: (a) For a conceptual approval, two years from the date of issuance or the date specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application, If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years from whichever one of the following occurs at the latest date: 1, The effective date of the local government's comprehensive plan amendment, 2. The effective date of the local government devebpment order, 3. The date on which the District issues the conceptual approval, or 4. The date on which the District issues a final order pertaining to the resolution of any Section 120,57, F.S" administrative proceeding or other legal appeals, (c) For an individual or standard general environmental resource permit, the construction phase authorizing construction, removal, alteration. or abandonment of a system shall expire five years from the date of issuance or such amount of time as made a condition of the permit. (d) For an individual or standard general environmental resource permit, the operational phase of the permit is perpetual for operation and maintenance, . (e) For a noticed general permit issued pursuant to Chapter 40E-400, FAC,. five years from the date the notice of intent to use the permit is provided to the District. (2)(a) Unless prescribed by special permit condition, permits expire automatically according to the timeframes indicated in this rule, If application for extension is made in writing pursuant to subsection (3), the permit shall remain in full force and effect until: . 1. The Governing Board takes action on an application for extension of a('l individual permit, or 2, Staff takes action on an application for extension of a standard gereral permit. (b) Installation of the project outfall structure shall not constitute a vesting of the permit. . (3) The permit extension shall be issued provided that a permittee files a written request with the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they hal.e delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification, For the purposes of this section, the term "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the mOdification. Individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications issued pursuant to paragraph 40E-4,331(2)(b), FAC. (letter modifications) do not extend the duration of the permit. (7) Failure to complete cOl"6truction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted, Specific Authority 373.044, 373.113 FS, Law Implemented 373.413, 373.416, 373.419, 373.426 FS. History-New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4,07(4), Amended 7-1-86,4-20.94, 10-,1-9fi fi-?R-nn NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearina: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written . notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106,201 (2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearina: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Aule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E.1.511 (3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emerqency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. . f. Order for Emerqency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to fife a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin, Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension. Revocation. Annulment. and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by RAVi!'lp.rt Allnll~t ?(JO(J ~ any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511 (2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511 (4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. . 4. Pursuant to Rule 28-106,111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining ~arty may then file a civil suit for injunctive relief in the 15 h Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120,68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Aules 42-2.013 and 42~2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requ~ring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001 (4)(a) , Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51 (2)(a) , Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin, Code, the petition for mediation shall be .filed within 21 days of either written notice through mail or posting or Revised AUQust, 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the right to an administrative hearing if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation mU,st be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMDmust enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201 (2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of faimess (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD'$ action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attomey or qualified representative of the petitioner, (if any); (d) the applicable rJle or portion of the rule; (e) the citation 'to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason why the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specifiC facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; . (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. RAVi"..rl All""'" ?OOO , " 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any. which shall be the address for service purposes during the course of the proceeding, and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION, .REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing involving disputed issues of material fact, or a hearing not involving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a detennination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt. amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend. limit, or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120,569,120,57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 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I r r .... j i L f r I j erp _ stafUeport. rdf Last Date For Agency Action: 14-JAN-2006 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Seaview Park Club Permit No.: 50-07213-P Application No.: 050801-6 Application Type: Environmental Resource (New General Permit) Location: Palm Beach County, S22rr45S/R43E Permittee: Wayne Irving Charlene Darst Carmen Hubert Irving Gail Ann Irving Operating Entity: Seaview Park Club Community Association, Inc. Project Area: 3.76 acres , Project Land Use: Residential Drainage Basin: INTRACOASTAL WATERWAY Receiving Body: Intracoastal Waterway Class: CLASS III Special Drainage District: None Conservation Easement To District: No Sovereign Submerged Lands: No This application is a request for an Environmental Resource Permit to authorize construction and operation of a surface water management system to serve 3.76 acres of residential development known as Seaview Park Club. App.no. : 050801-6 Page 1 of 5 erp ~stafUeport.rdf . " PROJECT EVALUATION: _.. '_..... .. '..'.'.....'w;'._....._... ............'.,. .'''Itr_........''...'''. _.....' .; . ... - :' , . .'. .', ,'::.' ,'.:~":,~,,."'":. _ '. '_,~:;. ~ . ;',.,,' ,&-,ti: ' ,';', ':0:'~~:~'Ji, ...;,,' - .""" Y, :"-"_ _ ..e~<:.,,__--'-,.,- The project site is located on the southeast corner of the intersection of Federal Highway and Seaview Circle in Boynton Beach, consisting of 3.76 acres in Section 22, Township 45, Range 43, Palm Beach County. The area proposed for development currently consists of mobile homes. There are no permitted surface water management facilities within the project area. The site contains approximately 170' of water frontage along the Intracoastal Waterway. There is no bulkhead or native wetland vegetation present along the shoreline. There are two existing docks which are to remain for the time being. _IEIJJI.'I._"Jfu'IIL~~t"tl This application is a request for the construction and operation of a surface water management system to serve a 3.76 acre multi-family residential development known as Seaview Park Club. The proposed surface water management system will consist of inlets, culverts and exfiltration trenches which will provide water quality treatment prior to overflow into the Intracoastal Waterway through a proposed control structure. A separate collection and conveyance system is proposed along the southern edge of the project to capture and route runoff from the adjacent, existing development into the Intracoastal Waterway. The project also includes construction of a retaining wall just landward of mean high water (MHW) along the shoreline and facing the wall with riprap. No other work is proposed or authorized in lake Worth lagoon. The permittee is advised that the addition of new docking facilities at the site will require a modification of this permit and issuance of this permit for the upland development does not imply or guarantee any future approval of new docking facilities. Construction: Project: Total Project Building Coverage Impervious Pervious 1.09 1.88 .79 acres acres acres Total: 3.76 .~_~M~~:4~;ti~!~0 Discharge Rate: The applicants engineer submitted calculations to demonstrate that the post-development discharge for the 25-year 3-day design event would not exceed existing conditions. Finished Floors: As shown in the following table and the attached exhibits, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Building Storm Frequency: 100 YEAR-3 DAY Design Rainfall: 19 inches App,no. : 050801-6 Page 2 of 5 erp _ stafUeport,rdf .. ..... .. Basin Peak Stage ( ft, NGVD) 7.8 Proposed Min. Finished Floors ( ft, NGVD) Site 9.33 FEMA Elevation ( ft, NGVD) 7 Road Design: As shown in the following table and the attached exhibits, minimum road center lines have been set at or . above the calculated design storm flood elevation. Road Storm Frequency: 5 YEAR-1 DAY Basin Peak Stage ( ft, NGVD) Site 6.48 Design Rainfall: 7.5 inches Proposed Min. Road Crown ( ft, NGVD) 7.65 Control Elevation : Basin Area (Acres) 3.76 Ctrl Elev ( ft, NGVD) 3.5 WSWT Ctrl EJev ( ft, NGVD) 3.50 Method Of Determination Site Wet Season Water Table Receiving Body: Basin Site Str.# 1 Receiving Body Intracoastal Dischan::!e Structures: Note: The units for all the elevation values of structures are (ft, NGVD) Weirs: Basin Site Str# 1 Count 1 Type Sharp Crested Width Height Length 3.5' Dia. Elev. 5.75 (crest) The required water quality treatment (2.5" times percent impervious) will be provided in exfiltration trench prior to overflow into the Intracoastal Waterway. As shown in the enclosed permit exhibits, staked silt fencing and turbidity screens shall be installed and maintained as necessary during project construction to contain turbidity, prevent erosion of sediments into Lake Worth Lagoon and to ensure project compliance with State water quality standards for Class III Waters. Site Treatment Exfiltration Trench Vol Req.d (ac-ft) .83 Vol Prov'd (ac-ft) .83 Basin Treatment Method ~~.~~~~~~~'jjj\c$"'{~l:~~~11'-~~J;ii#,!;;..."."j:Bf01~'~~151f;~~1'ini;,"; !i!~~s.95~!gIl&,.I,~_i.. ,JiG., >>.".~~:~~~~"..,"~,.,., ,...,..~'iM~'t1:l'f"";;;;.k, The project site does front on the Intracoastal Waterway(ICWW)/Lake Worth Lagoon which is used by manatees as a travel corridor and as foraging habitat in areas where seagrasses occur. Pursuant to Special Condition No. 17, the permittee shall ensure that manatee protection measures are employed during all installation of the riprap along the waterward side of the proposed retaining wall. The project does not include any outfall pipes that would be partially of fully submerged in the ICWW. Therefore, the App.no. : 050801-6 Page 3 of 5 erp _ statt _report.rdt . .. ... use of manatee exclusion grates is not applicable. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. '~ "Ji It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E-4361 (2), Florida Administrative Code (FAC.). Pursuant to Chapter 40E-4 FAC., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321(7) FAC. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted, For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1,6107, FAC" the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant.reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no. : 050801-6 Page 4 of 5 erp_stafCreport.rdf ". ...OII!! ~ RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that public water supply will be used as a source for irrigation water for the project. The applicant has indicated that dewatering is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC. Historical/Archeological Resources: No information has been received that indicates the presence of archaeological or historical resources or that the proposed activities could cause adverse impacts to archaeological or historical resources. DCAlCZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement: . There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: RAL RESOURCE MANAGEMENT: DATE: 12/.20 /0 <;' DATE: Iz../I&/Vr App.no. : 050801-6 Page 5 of 5 "">""" ..- _. STAFF REPORT DISTRIBUTION LIST SEAVIEW PARK CLUB Application No: 050801-6 Permit No: 50-07213-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Barbara Conmy - 4250 X Joseph D. Santangelo - 4220 X Carlos A. DeRojas. P.E. - 4220 X Donald L. Medellin - 4250 X ERC Engineering - 4230 X ERC Environmental - 4230 X H. Azizi - 4230 X H. Bittaker, PBCSC - 4350 X Permit File X Permittee - Wayne Irving X Permittee - Charlene Darst X Permittee - Carmen Hubert Irving X Permittee - Gail Ann Irving X Applicant - Lennar Homes Inc X Engr Consultant - Carter & Burgess Inc GOVERNMENT AGENCIES X City Engineer, City of Boynton Beach X Div of Recreation and Park - District 7 - FDEP X Florida Fish & Wildlife Conservation Commission - Imperiled Species Mgmt Section X None X Palm Beach County - Building Div X Palm Beach County - Environmental Res Mgmt X Palm Beach County - Health Dept X Palm Beach County - Land Development Div X Palm Beach County - School Board Growth Mgmt X Palm Beach County Engineer X USACOE/Palm Beach Gardens OTHER INTERESTED PARTIES X Rosa Durando X Water Catchment Area Advisory Committee - Ed Dailey X Water Management Institute - Michael N. Vanatta STATE OF FLORIDA DEPARTMENT OF TRANSPORrAllON 850-040-18 SYSTEMS PLANNING 04103 Pagelof3 DRIVEWAY CONNECTION PERMIT FOR ALL CATEGORIES PART 1: PERMITlNFORMATION APPLlCA nON NUMBER: ()S-..~..~q,. oo,~. qJO/O Permit Category: B Access Classification: Class 5 Project: Seaview Park Club Permittee: Lennar Homes, Inc., David M. Baselice, Vice President ctlo/O Section/Mile Post: ~15.330 . ,~. 3!)4 State Road: 5 SectionlMile Post: State Road: PART 2: PERMITTEE INFORMATION Permittee Name: Lennar Homes, Inc., David M. Baselice, Vice President Permittee Mailing Address: 1015 North State Road 7, Suite C City, State, Zip: Royal Palm Beach, Florida 33411 aEC1l-Ablli1, ~ zaas Telephone: 561-738-1104 Engineer responsible for construction inspection: Carter & Burgess, Inc. M HOURS BEfORE YOU Ul~ Christine M. Springer, ~. CALL SIJ~lNE NAME \ ~..t'lnn.432~l710 6363 NW 6 Way, Suite 300 v ~ ~]"ELAWINfL~OA Engineer/ConsultanUor Project Manager: Mailing Address: City, State, Zip: Fort Lauderdale, FL 33309 Telephone: A f 4oL' FAX, Mobile Poone, etc. n. \':Opy 0 I...IS permn ana - r- .- ':~, at all ft6fti~ltfillBI!'ItIhtfPROVAL The above application has been revi~~f~9!t?lptlt\\!~5M!!rto all Provisions as attached. 954-315-1012 954-315-1040 Permit Number: Depart~rans~ 51.,aMe . /j l-Cd YL/ 11tle, ~&/J Ab~ Department Representative's Printed Name /; mlJtL// Temporary Permit 0 YES . NO (If temporary, this permit is only valid for 6 months) Special provisions attached . YES 0 NO ! I Date of Issuance: ' @-jJ ~ C5~ If this is a normal (non-temporary) permit it authorizes constructfon for one year from the date of issuance. This can only be extended by the Department as specified in 14-96.007(6). See following pages for General and Special Provisions oS"- A pOO~ 470220 850-040-18 SYSTEMS PtANNING 04103 Page 2 013 PART 4: GENERAL PROVISIONS 1. Notify the Department of Transportation Maintenance Office at least 48 hours in advance of starting proposed work. Phone: SIt I. 'i }.)- c.f q "6 ,Attention: ,D . ...,. - () rOV If) 2. A copy of the approved permit must be displayed in a prominent location in the immediate vicinity of the connection construction. 3. Comply with Rule 14-96.008(1), FAC., Disruption ofTraffic. 4. Comply with Rule 14-96.008(7), FAC., on Utility Notification Requirements. 5. All work performed in the Department's right of way shall be done in accordance with the most current Department standards, specifications and the permit provisions. 6. The permittee shall not commence use of the connection prior to a final inspection and acceptance by the Department. 7. Comply with Rule 14-96.003(3Xa), FAC., Cost of Construction. 8. If a Significant Change of the permittee's land use, as defined in Section 335.182, Florida Statutes, occurs, the Permittee must contact the Department. 9. Medians may be added and median openings may be changed by the Department as part of a Construction Project or Safety Project. The provision for a median mig ht change the operation of the connection to be for right tums only. 10. All conditions in NOTICE OF INTENT WILL APPLY unless specifically changed by the Department. 11. All approved connection(s) and tuming movements are subject to the Department's continuing authority to modify such connection(s) or turning movements in order to protect safety and traffic operations on the state highway or State Highway System. 12. Transportation Control Features and Devices In the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings, or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may install. remove or modify any present or future transportation control feature or device in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. 13. The Permittee for him/herself, hislher heirs, his/her assigns and successors in interest, binds and is bound and obligated to save and hold the State of Florida, and the Department, its agents and employees harmless from any and all damages, claims, expense, or injuries arising out of any act, neglect, or omission by the applicant. hislher heirs, assigns and successors in interest that may occur by reason of this facility design, construction, maintenance, or continuing existence of the connection facility,except that the applicant shall not be liable under this provision for damages arising from the sole negligence of the Department. 14. The Permittee shall be responsible for determining and notify all other users of the right of way. 15. Starting work on the State Right of Way means that I am accepting all conditions on the Permit. 470220 850.040-18 SYSTEMS PlANNING 04103 Page 3of3 NON-CONFORMING CONNECTIONS: ONO PART 5: SPECIAL PROVISIONS OVES If this is a non-conforming connection permit, as defined in Rule Chapters 14-96 and 14-97, then the following shall be a part of this permit 1. The non-conforming connection(s) described in this permit is (are) not permitted for traffic volumes exceeding the Permit Category on page 1 of this permit, or as specified in "Other Soecial Provisions" below. 2. All non-conforming connections will be subject to closure or relocation when reasonable access becomes available in the future. Ownership of all suitable excavted materials, as determined by the Department, shall remain in the Department until a final acceptance of the permitted project is fullfilled. Excavated materials _ s~all be hauled by the Permittee, at their cost & expense from the site to the WPB Operations Center or stockpiled in those areas as directed by the Department, including asphalt millings. ms12(,.____,. '___._.' __'.., _ . _ 3r No~ . - 1___, ~"'-'ftl""""tivA hearina pursuant to Section the Not S;diO~ 1'20,57(2), Florida StaMes. r uu ""..~. _. ,_ _ :equest Clerk of Agency Proceedinl Department of Transporlatil Haydon Bums Building 605 Suwannee Street, M,S Tallahassee, Florida 3239! The written request for an administrative hearing must conform to the reqlH...rnems or eJU,,,,, rw.v _~ .____, ,_, Florida Administrative Code, and must be received by the Clerk of A!Jency F . . - - .....-- '>1 <i<lV<: ..fter vou recelvea me Notice. The writt~n request for an administrative hearing should indude a c All maintenance of traffi (M . paper, and contam: in accordance 'th th COT) Will be WI e Deparment's Ro d 1. Vour name, address, telephone number, and Department identi and Traffic Design Standards 2004 ~ way and telephone number of your representative, if any; Operations Engineer or h" d" edition. The . ht. IS eS/gnee reserve th 2. An explanation of how you are affected by the action described rig to dIrect the removal/reloc r I . s e of any traffi d " a Ion mOdification 3. A statement of how and when you received the Notice. c eVlce(s) at the Permittee's sol e expense. 4. A statement of all disputed issues of material fact. If there are none, you must so InOICCl..... 5. A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle you to relief; and 6. A demand for relief. A formal hearing will be held if there are disputed issued of material fact. If a formal hearing Is held, this matter will be referred to the Division of Administrative Hearings, where you may present witnesses and evidence and cross examine other witnesses before an administrative law judge. If there are no disputed issues of material fact, an informal hearing will be held, in which case you will have the right to provide the Department with any written documentation or legal arguments which you wish the Department to consider. Permittee to coordinate all work with the West Palm Beach Maintenance Permits Dept @ 561-432-4966. Coordination will include a pre~construction meeting. Per~~ttee will r~stor~ !he Right of Way as ? minimUm, to Its anginal condition or better In accordanc~ w/FDOT's Standard Specifications for Road & Bridge Construction or as directed by the Resident Operations Engineer. During the removaUinstallaf ' section, the Permittee will ~on of any. curb and gutter don~ to ~he abutting asphalt. r~ons/b'e for any damage repal.r WI" be in aCcordance with th damaged asphalt specIfications and/or' e current Operations Engineer. as dIrected by the Resident \PPE Permittee will provide the necessary densities in accordance w/Section 125:-8 of the Standard Specifications for Road & Bridge Construction (2004 ed.) prior to final acceptance by the Department. It is the Permittee's responsibility to obtain final acceptance of permitted work (completed) and the restoration of the Right of Way from the Department prior to usuage. Restricted hours of operation will be ~ 9:00 am to 3:00 pm, 6:00 pm to 6:00 a~o:"d weekends,. unless otherwise approved by the Operations Engineer, or designee. Mediation, pursuant to Section 120.573. Florida Statutes, will be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement. If a written request for an administrative hearing is not timely received you will have waived your right to have the intended action reviewed pursuant to Chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. 470220 STATE OF FLORIDA DEPARrMENT OF TRANSPORTATION FORM 592-13 ROADWAY DESIGN 10186 Paqelo13 DRAINAGE CONNECTION PERMIT To be completed by DOT Drainage Connection Permit Application No. State Road No. Section No. Milepost Construction Project No. Station to FROM TO To be completed by Applicant I, Lennar Homes Inc., David M. Baselice, Vice President 561-333-4700 (NAME OF APPLICANT) (TELEPHONE NO.) 1015 North State Road 7, Suite C Royal Palm Beach Florida 33411 (MAILING ADDRESS) (CITY) (STATE) (ZIP) having read the terms and conditions which follow, request permission to construct and operate a drainage connection between (DESCRIBE YOUR FACILITY) There is no direct connection. and the facilities of the Department of Transportation by construction of a (DESCRIBE PROPOSED CONNECTION) on the Department's right of way at the following location: on State Road No. 5 U.S. Highway No. 1 County Palm Beach 470220 To be completed by DOT FORM 592-13 ROADWAY DESIGN 10186 Palle 2 of 3 1. This permit is a license for permissive use only and does not convey any property rights either in real estate or material, or any exclusive privilege, and it does not authorize any injury to private property or invasion of private rights, or any infringement of Federal, State or local laws or regulations; nor does it obviate the necessity of obtaining any required state or local approvals. 2. The drainage connection as authorized herein shall be constructed and thereafter maintained in accordance with the documents attached hereto and incorporated by reference herein. All construction on the Department's right of way shall conform to Department specifications and the Department's manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operation. Such construction shall be subject to the supervision and approval of the Department, and the Department may at any time make such inspections as it deems necessary to assure that the drainage connection is in compliance with this permit. 3. The entire expense of construction within the Department right of way, including replacement of existing pavement or other existing features, shall be borne by the permittee. 4. The permittee shall maintain that portion of the drainage connection authorized herein located on his property in good condition. The Department shall maintain that portion of the drainage connection authorized herein located within its right of way. 5. If the drainage connection is not constructed, operated or maintained in accordance with this permit, the permit may be suspended or revoked. In this event modification or removal of any portion of the drainage connection from the Department's right of way shall be at the permittee's expense. 6. The Department reserves the right to modify or remove the drainage connection to prevent damage or in conjunction with road improvements. 7. The permittee shall make no attempt to forbid the full and free use by the public of all navigable waters at or adjacent to the drainage connection. 8. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the Department's right, title, and interest in the land to be entered upon and used by the permittee, and the permittee will, at all times, assume all risk and indemnify, defend and save harmless the Department from and against all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by said permittee of these rights and privileges, regardless of the respective degrees of fault of the parties. 9. The permittee shall notify the Department of Transportation Maintenance Office located at Telephone 24 hours in advance of starting any work on the drainage connection authorized by this permit and also 24 hours prior to any work within the right of way. Construction of any work on the right of way shall be completed within days after such notification. If such work is not completed within days after such notification, the permittee shall notify the Department of the anticipated completion date. 10. Utilities, including gas lines, may be located within the right of way. Prior to beginning work the permittee shall contact the Clerk of Circuit Court for the name, address and telephone number of any gas line owner who will provide information upon request on possible conflicts between the gas line and the permittee's drainage connection. The permittee shall also locate all utilities and obtain information from the utility owners as to possible conflicts between utilities and the drainage connection. The permittee shall be solely responsible for any damage to or conflicts with gas lines, utilities and/or third persons. 11. The permit shall expire if construction on the drainage connection is not begun within one year of the date of approval and if construction on the drainage connection is not completed by (Date) 12. All the provisions ofthis permit shall be binding on any signee or successor in interest of the permittee. 470220 05D 1'961120 4 8 FORM 592-13 ROAfYWAY DESIGN 10186 Plllle3of3 To be ~oI11P~eted by the Applicant The above conditions are hereby accepted and agreed to this 1.5+h day of Ju l y ,}..,oDS (If.this application is ign~d by a r~sen1ative of the permitte~, then a 1~~tiOn must be attached.) Witnessed By: rtL ~ APPhcantL~tmomes, In Jd M. Baselice, Vice President iOI.5 N 5+0.....+(, RoM'1) Su l-\-~ C 1015 North Statf3 Road 7, Suite C (MAILING ADDRESSXCITYXSTATE.)~ZIP) f<.o~ 0.-1 Pcd rY\.. B c.ach..(MAILlNG ADDRESS) Witnessed By: ~, L.P I i~ J ~ FI- 33'-11 \ Royal Palm Beach. Florida 33411 I cd ~ 1\1 6+a...+-c.. RoCt.cl .., I S V ; + e:.. C. (CITY){STATE){ZIP) () (MAILING ADDRESS){CITY){STATE){ZIP) I 1,0 l:1 0....1 PoJ rY1.. Gc.CLCh F L- 33.1../' To be completedby DOT . I The above request has been reviewed and has been found to meet the regulations as prescribed, and is hereby approved, subject to the following special conditions: CERTIFIED "AS-BUILT" PLANS MUST BE SUBMITTED TO D.O. T. WHEN THE JOB IS COMPLETED. Permittee will restore the Right of Way as a minimum, to its original condition or better in accordance w/FDOT's Standard Specifications for Road & Bridge Construction or as directed by the Resident Operations Engineer. I~ is the Permittee's responsibility to obtain final acceptanc~ of permitted work (completed) and the restoration of the Right of Way from the Department prior to usuage. District Four Drainage Connection Permits Engineer (TITLE) 2OO~ /4lh day of S. ern3'M./76,/(.., ~:~;1 ?~ '- '33<(. ( I 470220 ...--. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850-040-15 SYSTEMS PLANNING 04103 Page 1 ct3 DRIVEWAY/CONNECTION APPLICATION FOR ALL CATEGORIES OFFICE USE ONLY Application Number: ()S-R.f.lq,. OO-'d. qJO/() Received By: e. CUeM C> F~T STAFF F OR PRINT) Category: Date: e ~ I -0- Section/Mile Post: q~OIO IS . 3)0 .. IS . ?J~4 State Road: S- Section/Mile Post: State Road: Instructions - To Applicant · Contact the Department of Transportation to determine what plans and other documents you are required to submit with your application, · Complete this form (some questions may not apply to you) and attach all necessary documents and submit it to the Department of Transportation. · For help with this form contact your local Maintenance or District Office. · Or visit our website at http://www11.myftorida.com/onestoppermitting/ for the contact person and phone number in your area. · You may also ernall- driveways@dol.state.II,us · Or call your District or local Florida Department of Transportation Office and ask for Driveway Permils. Please orint or tvoe APPLICANT: Check one: o CMmer Name: o Lessee 000tract to Purchase Lennar Homes, Inc. Responsible Officer or Person: David M. Baselice, Vice President ~5 If the Applicant is a Company or Organization, Name: Lennar Homes, Inc. 48 HOURS BEFORE YOU DIG CALL 5UNtiHiNE >> ~800DA.32..d770 firS mE iA~J~ fLQ~M-5533 City, State: 1015 North State Road 7, Suite C Royal Palm Beach, FL Address: Zip: 33411 Phone: 561-333-4700 Email: dave.baselice@lennar.com LAND OWN ER: (if not applicant) Name: Wayne Irving, Charlene Darst, Carmen Hubert Irving & Gail Ann Irving If the Applicant is a Company or Organization, Name: clo Kaleel & Associates Address: 555 N. Congress Avenue, Suite 301 City, State: Boynton Beach, Florida A copy of this permit and ZI'P'. 33426 . 5~!'~1~m be on tDe JOb site Phone, t -or d. th a a Ime! urmg e construction of tbis f2cility Fax: 561-738-1106 Emall: oS- - {.} . OO/a. 470220 850-040-15 SYSTEMS PI..AMolING 04103 Page 2 of 3 AUTHORIZED REPRESENTATIVE: If specified by Applicant to handle, represent, sign, and file the application - NOTE: A notarized letter of authorization must be provided with the Application Name: David M. Baselice Company Name: Lennar Homes, Inc. Address: 1015 North State Road 7, Suite C City, State: Royal Palm Beach Zip: 33411 Phone: 561-333-4700 Fax: 561-333-2474 Email: dave.baselice@lennar.com Address of property to be served by permit (if known): 1620 North Federal Highway If address is not known, provide distance from nearest intersecting public street (such as, 500 feet south of Main 51.) Federal Highway (SR 5) and Seaview Circle Check here if you are requesting a o new driveway o temporary driveway o modification to existing driveway o safety upgrade Does the property owner own or have any interests in any adjacent property? ONo o Yes, if yes - please desaibe: Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? llJ No 0 Yes. if yes -list them on your plans and indicate the proposed and exlsling access points. Local Government Development Review or Approval Information: Local Government Contact: City Engineer, David Kelley, Jr., P.E., P.S.M. Name: Government Agency: City of Boynton Beach Phone #: 561-742-6488 470220 If you are requesting commercial or industrial access, please indicate the types and number of businesses and provide the lIoor area square footaQe of each. Use additional sheets if necessary. Business (Name and Type) Sq uare Footage Business (Name and Type) Snuare Footane 1. 3. 2. 4. 850410-15 SYSTEMS PLANNING 04103 Page 3 of 3 If you are requesting a residential development access, what Is the type (single family, apartment, townhouse) and number of units? ype Number of Units Townhouses 64 Provide an estimate of the daily traffic volume anticipated for the entire property at build oul (An individual single family home, duplex. or quad-plex is not reqUired to complete this section), Daily Traffic Estimate = 504 (Use the latest Institute of Transportation Engineers (ITE) Trip Generation Reoort) If you used the ITE Trip Generation Report, provide the land use code, independent variable, and reference page number. ITE land Use Code I Independent Vari.able liTE Report page number reference 230 64 366 Check with the Florida DOT Office where you will retum this fonn to detennine which of the followinQ documents are reQuired to COmPlete the review of your application. Plans should be 11" x 17" (scale 1" x 50') f) Proposed access design Note: No plans larger than 24" x 36" will be accepted g) Parcel and ownership maps including easements (Boundary Survey) a) Highway and driveway plan profile h) Signing and striping plans b) Drainage plan showing impact to the highway right-<lf-way i) Traffic ControllMaintenance of Traffic plan c) Map and letters detailing utility locations before and j) Proof of liability insurance after Development in and along the right of way k) Traffic Impact Study d) Subdivision, zoning, or development plans I) Cross section of roadway every 100' if exclusive turn lanes are e) Property map indicating other access, bordering roads and streets recuired Important Notices to Applicant Before Signing Application The Department Reserves The Right To Change Traffic Features And Devices In Right Of Way At Any Time Proposed traffic control features and devices in the right of way, such as median openings and other traffic control devices, are not part of the connection(s) to be authorized by a connection penniL The Department reserves the right to change these features and devices in the future in order to promote safety in the right of way or efficient traffic operations on the highway. Expenditure by the applicant of monies for installation or maintenance of such features or devices shall not create any Interest In the maintenance of such features or devices. Significant Changes In Property Use Must Undergo Further Review If an access permit is issued to you it will state the terms and conditions for its use. Significant changes in the use as defined in Section 335.182(3), Florida Statutes, of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permiL Alllnfonnation I Give Is Accurate I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief, such Information is true, complete and accurate. Starting Work On The Driveway Connection After I Get My Permit Means I Accept All the Conditions In My Permit I will not begin work on the connection until I receive my Pennit and I understand all the conditions of the PermiL When I begin work on the connection, I am accepting all conditions listed in my Permit. Applicant Name (Printed): DcNkf M. Baselice, Vice President, lennar Homes, Inc. Applicant's signature: ~~~ Date 7107 /"...-- 470220 ," BPB20UOl Application nbr Property . . . . . . . CITY OF BOYNTON BEACH Payment Due Selection 05 00006707 1620 N FEDERAL HWY Select fees due, press Enter. l=Select entire amount Opt 1 3D-{o Total Amount Fee to apply Type 6555.95 PC PF '1':I:'ELns amt 8555.95 28519.82 Amount due 8555.95 28519.82 ~: F3=Exit. F5=Select. all fees FIO==View 2 12/07/05 13:50:55 Str/Seq Permit Inspection 000 000 PV 00 000 000 PV 00 cu'/y ~ &y "k &a~ F12=Cancel F21=User defaults CITY OF BOYHTOH BEACH liB CIJSTO"ER RECEIPT H* Oper: BROWHR Type: OC Drawer: 1 Date: 12/16/85 81 Receipt no: 85243 Description Ouantity A.aunt 2885 6787 BP BUILDING PAY"ENT 1.88 .8555.95 Trans number: 2558266 Tende'!' detail OK CHECK 1638&12 Total tendered Total paYllent Trans date: 12/16/85 $8555.95 $8555.95 t8555.95 THANK YOU FOR YOUR PROKPT PAY"ENT Tile: 12: 28: 29 LENNAR QuaM) \ aIm' lllle!:llIy. January 6, 2006 Tommy Schwab The BG Group 10018 Spanish Isles Road Boca Raton, Florida 33498 Letter of Intent Re: Seaview Park Club Dear Tommy, Your firm has been selected as the contractor for the demolition work outlined in the recent request for proposal sent to you for the above captioned community. Over the next couple of weeks, we will review the demolition plans and finalize the work schedule. Once this has been completed, a contract will be issued for your signature. If you have any questions regarding this matter, please do not hesitate to contact me at (561) 333-4700 ext. 276. I look forward to working with you. Sincerely, LENNAR HOMES, INC. ~~ Lorie Moccia Asset Manager LM: jg South Florida Land Division · 1015 N. State Road 7, Suite C, Royal Palm Beach, Florida 33411 Tpfpnhnnp' l:ifl1-":l":l":l-4700 . F::lY' l:ifl1-":l":l":l-7474 . wwwlpnn::lrrnm ~- -- . I=PL Florida Power & Light Company Jan 31,2006 Lennar 1015 North State Road 7 Royal Palm Beach, Fl 33411 Re: Remove OH Line at Seaview Park ( South Line Only) Dear Lorie: The cost for the remove the oh line in the above address is $10,191.00. There will be a cost to relocate a pole that is in conflict with your main entrance. We are relocating the pole 22 ft north of the existing pole on N Federal Hwy. The cost of that will be $2,895.00. I will need the removal check first so that I can expedite this work request.The total cost for both is $13,086.00. The job will be done in accordance with rules and regulations. The above quote is valid for a period of six months from the date of this letter. We would appreciate your prompt payment of the above amount so we may schedule the job. Please note the worst case scenario of getting the job completed will be 4-6 weeks. Make check payable to Florida Power & Light Company, mail or deliver to 9329 S Military Trail, Boynton Beach, FL 33436. If you have any questions about the above information or any further matters, do not hesitate to call me at (561) 742-2005. Sincerely, Dan Agustin Customer Project Manager An FPL Group Company